Privacy Policy for Business Partners

Thank you for visiting our website.

We take the protection of your personal data very seriously and strive to provide you with comprehensive information about the processing of your personal data. The following privacy policy applies to you if you contact us, if you enter into contract negotiations with us and/or if there is a contract in place between us and the data of natural persons is processed in that context. The privacy policy also applies to you if you subscribe to the real estate newsletter. The specific legal bases are the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz). Which data is processed in the individual case depends primarily on the agreed services. As a result, not all of this information will be relevant to you.

Personal data/data categories

How do we collect your personal data and what categories of data do we use?

As a rule, the personal data of yours that we collect is obtained directly from you.

However, it may also be necessary to process personal data that we obtain from other companies, authorities or other third parties, such as credit agencies, tax offices and the like. This may include personal data that we obtain through our whistleblower channels about potential compliance violations or in the context of compliance investigations.

Relevant personal data may include: personal details (e.g., first name, last name, address and other contact details, date and place of birth and nationality), identification and authentication data (e.g., commercial register excerpts, I.D. data, specimen signature), data within the scope of our business relationship (e.g., payment data, data on orders), creditworthiness data, data on corporate and ownership structure, photos and videos (e.g., with deliveries of goods) and other data comparable to the aforementioned categories.

You may elect to communicate with us by e-mail or mail. For technical reasons, e-mail communications may be unencrypted.

Purposes and legal bases of processing

Purposes and legal bases of processing

For the performance of contractual obligations (Article 6 (1) (b) GDPR)

The purposes of processing follow from the need to take steps prior to entering into a contract, in advance of a contractual business relationship and to perform obligations under an existing contract.

For compliance with a legal obligation (Article 6 (1) (c) GDPR)

The purposes of processing follow from statutory requirements in the individual case. Such legal obligations include, e.g., complying with retention and identification obligations, e.g., in the context of anti-money laundering requirements, tax monitoring and reporting requirements and data processing in the context of requests from authorities.

For the purposes of legitimate interests (Article 6 (1) (f) GDPR)

It may be necessary to process the personal data you provide for purposes beyond the actual performance of the contract. Legitimate interests in this case include, in particular, selecting suitable business partners, conducting surveys and company evaluations, storing and using the details of contact persons, if necessary, passing them on to third parties, digitizing files, avoiding economic detriment, allocating work products to individual business partners, recording business transactions, negotiating with contact partners who are not or will not become direct business partners, issuing invitations to events, asserting legal claims, avoiding legal detriment (e.g., in the case of insolvency), conducting identity checks (e.g., money transport companies), defending against threats and liability claims and avoiding legal risks, identifying and handling potentially malicious e-mails, protection of our IT-infrastructure, administration of access authorizations to our sytems, physical and data access controls, facilitating communication and contact via our group-wide user directory, clarifying potential compliance violations, preventing crimes, settling claims arising out of the business relationship and other internal administrative purposes (e.g. process and workflow optimization).

At the time of contracting, we occasionally obtain data on your credit history from credit agencies to serve the aforementioned legitimate interests. We use the credit history information from the credit agencies to assess your creditworthiness. Credit agencies store data that they receive from banks or companies, for example. Such data includes in particular last name, first name, date of birth, address and information on payment history. Information on the data stored about you can be obtained directly from the credit agencies.

If you accept our offer of contract by means of digital signature (e.g., Adobe Sign), we process your data, such as in particular e-mail address, IP address as well as the time and date of any modifications you make to the respective contract document, for instance when you approved, displayed or digitally signed it. We have a legitimate interest in ensuring that the process for signing contracts digitally is fast and efficient and that the signing process can be logged for verification purposes.

Certain contracts may also be signed using a so-called qualified electronic signature. In this case we also process the certificate data associate with your signature in addition to the aforementioned data. We have a legitimate interest in being able to verify whether you are able to provide a valid qualified electronic signature serving to replace any written form prescribed by statute. To use a qualified electronic signature, you must independently register with a trust service provider (e.g., D-TRUST/Bundesdruckerei). When you register, the respective provider will process your data under its own responsibility and not on our behalf, however.

Use of personal data

Who receives the personal data you provide to us?

Within our company, access to the data provided by you will be granted to those departments that require such data for the purposes of performing contractual obligations, complying with legal obligations or serving legitimate interests. In the context of the contractual relationships, we also engage processors or service providers who may be given access to your personal data. Their compliance with data protection requirements is ensured by contractual agreement.

In addition, the data may be transferred to Schwarz Group companies for purposes of performing contractual obligations.

In the case of contracts executed by digital signature, your data is also accessible to all persons involved in the approval and signing of the contract, as they receive a log after the contract has been signed indicating all processing steps, including e-mail address, IP address, date and time. Your data may also be accessible to the respective service providers that we use for the relevant digital signature procedure. In the case of Adobe Sign, this would be Adobe Systems Software Ireland Limited, 4-6 Riverwalk, City West, Business Campus, Saggart D24, Dublin, Ireland.

If a qualified electronic signature is used to execute digital contracts, your data will also be accessible to D-Trust GmbH, Kommandantenstraße 18, 10969 Berlin, Germany, which is the provider responsible for checking the validity of the signature.

Retention of data

For how long will the data be stored?

The personal data will be stored for as long as necessary for fulfilling the above-mentioned purposes. Particularly relevant in this context are the statutory retention obligations under the German Commercial Code (Handelsgesetzbuch – HGB) and the German Fiscal Code (Abgabenordnung – AO), which provide for retention periods of up to 12 years.

Provision of data

Are you obligated to provide the data?

Within the scope of our business relationship, you must provide us with the personal data needed to commence, execute and terminate a business relationship and to perform the obligations associated therewith, which we are legally obligated to collect or are entitled to collect on the basis of legitimate interests. Without such data, we would generally not be able to enter into a business relationship with you.

Transfer of data to third countries

Is data transferred to third countries?

If we transfer personal data to recipients outside the European Economic Area (EEA), the transfer will only take place if an adequate level of data protection has been confirmed for that third country by the European Commission, if an adequate level of data protection has been agreed with the data recipient (e.g., by means of EU standard contractual clauses) or if we have received your consent.

Consent to the advertising newsletter

Consent to receive advertising newsletters by e-mail (Kaufland Real Estate Newsletter (Kaufland Immobilien Newsletter))

Purpose of the processing/legal basis:

You can subscribe to the Kaufland Real Estate Newsletter on this website. The legal basis for the data processing is the consent you have given us to send you the newsletter, Article 6 (1) (a) GDPR. The purpose of data processing in connection with the subscription to the Kaufland Real Estate Newsletter is to provide the information in the newsletters regarding the five areas of interest you can select from:

Expansion and portfolio properties (e.g., information about new openings/renovations/acquisitions/search profile for real estate)

Construction (e.g., call for tenders/industry events/building regulations)

Leasing Shopzone space (e.g., new leasing concepts for concessionaires)

Real estate facilities & services (e.g., information on profile for acquisition-related services and facilities)

Real estate career (e.g., information on vacant positions and real estate career opportunities at Kaufland)

After you submit your subscription form, we will send you an e-mail with a confirmation link (double opt-in process). You will automatically subscribe to the Kaufland Real Estate Newsletter if you click on the link contained in the e-mail within 7 days.

By confirming your subscription, you also consent to us processing your data for the purposes described in the consent form. We cannot send you the Kaufland Real Estate Newsletter unless you grant us consent and activate your subscription by clicking on the confirmation link.

By subscribing to the free Kaufland Real Estate Newsletter, you agree that Kaufland Dienstleistung may process your e-mail address for the purposes of e-mailing you the Kaufland Real Estate Newsletter and informing you about the areas of interest you have selected (expansion and portfolio properties/construction/leasing Shopzone space/real estate facilities & services/real estate career). If you voluntarily provide additional optional information about yourself when subscribing, you consent to us using this data to add a personal salutation to your newsletter and to store the information about your function and role in a newsletter subscriber list.

You may change your preferences with regard to the content of the newsletters at any time by clicking on the "Preference Center" link contained in the newsletter. Simply deactivate any topics that no longer interest you or add ones you would like to read about in the future. You may revoke your consent and unsubscribe from the Kaufland Real Estate Newsletter at any time with effect for the future by clicking on the unsubscribe link in the newsletter or sending an e-mail to widerruf@kaufland.de. You will then no longer receive the newsletter. You may change or delete any optional information you have provided at any time by clicking on the corresponding link at the bottom of the newsletter. The voluntary additional information will be promptly deleted or updated accordingly.

Recipients/categories of recipients: Data collected for the purpose of the newsletter subscription can only be accessed by the real estate department at Kaufland Dienstleistung that is responsible for processing and managing the distribution of the newsletter. Insofar as external processors are used to distribute the newsletter, such processors are bound by contract in accordance with Article 28 GDPR and care has been taken to ensure that they have appropriate technical and organizational security measures in place.

Storage time/criteria for determining storage time: If you revoke your consent and unsubscribe from the Kaufland Real Estate Newsletter, your account data will be immediately locked and subsequently deleted.

Your rights as the data subject

What are your rights as data subject?

You have the right to obtain information upon request, free of charge, on the personal data we have stored about you. Under the statutory provisions you also have the right to demand that such personal data is corrected or erased, the right to data portability and the right to demand that processing is restricted. If you have provided your consent for us to process your personal data, you may revoke that consent at any time with effect for the future. In such cases please contact our data protection officer, as referred to below, in writing or by e-mail. In addition, you may lodge a complaint with the competent data protection supervisory authority should you not be in agreement with the processing of your personal data.

Controller

Controller

The controller is the respective company with which you are initiating or entertaining a business relationship.

Data Protection Officer contact information

Data Protection Officer contact information

E-Mail: datenschutz@kaufland.de

 

Postal address:

Kaufland Stiftung & Co. KG

Kaufland data protection officer

Rötelstrasse 35

74172 Neckarsulm